The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-11-30

10 intend and testify meaning. OF course. to
S Sr""s%sii o. t ". as as'i il III Tie S case bss aFss Us t tRs
tips SrSRRs s might 1i,S%oi b. com q eli S't to testify fgG against DrlDsti
The receiver OF the bride, upon any trial. upon
amy amy inSss'lsa 9nSn" any X ESlIS%s tRssii Io we ss san
here TO the ordinary md natural meaning of
ifh SnS, we wor ssa h"a in Sap Ppeith seem nt so shs SSso nor on
incongrnity. but complete adaptation. Unless
we greatly %conlne and limit the meaning which
the words used by tho Legislature usually ey-
press, I is impossible to say that the case Is
not within the statute:
that tho privilege q q witness 70 be exempt
from a compulsory disclosure OF his own Grim
ton IL S as this was I ms as wh aa he Is fSt sworn in court.
II that be SO, II. affords. u sufficient reason for
Eesed should be eompsiled, to testify.
II is apparent from this history Of progres.
the word Investigation" cannot DO treated as
amere word Of adjudication to broaden the
the deliberate expression Of an intent upon tho
part Of the Legislature to bring IN a distinct
further than tho preceding. one not including
an sxnmipatio Ion, before g maGiStraate, mother
ii%nSitpIa1sff N II the Set eoa SSs,0 OF sr SHn"%1' pr TO sd",e,
but but the he last hsiSS, 4I 5yss,Isa II ns for species 3 ass.
tain end and for a certain described class.
But other Investigations thnn these relating TO
the conduct Of it's members were frequently
buttEou upoh' vi pluViuu W tHo "
be made through It's committee, in pursuing
which testimony from witnesses, was required,
lnture intended by the provisions of section 70
to cover all such n cass q as ,v well as those for
guiry, into matters relating ilii s' to bribery as de-
fined by the various sections OF the Penal Code
The statute relieves the witffess. and it will
not DO necessary for the examining or inves-
tigating tribunal to concern itself with the
roTTLE's EVIDENCE 1NADM1ssrBLE.
Judge Danforth next takes up the admission
him at Albany. where he was an enGrossinG
railroad on Broadway, The admission of this
showed Sharp,s disposition and character.
Judge Danlorth says that general evidence of
bpttal if Sharp had offered evidence of good
but believe 1t has not been thought by any
Judicial tribunal Tint such evidence could be
given In authorization of proof from the defend;
ant nor thai an issue upon 1t could be rendered
have supposed such evidence would DO of gen.
eral reputation only, and not Of a particular
admitted which does sot tend to prove The
defendant is expected TO come prepared TO an
swer; Therefore the introduction of evidence Of
take tho defendant by surprise and do him
against his General character, Tho caution Of
Judge Barrett to the Jury not to take the evil
dence as an imrutation of criminal purpose to
sharp. was obviously, inadequate to prevent
the danger, which the Judge saw.
A careful examination Of the evidence given
by pottle authorizes the comment of the appel
,sass f%Sah bStw sesI s Il wns a nHi Ira ott e, f bnt f tRnt
It was tho whole" Unless admissible as prov
immaterial, and as proof of crime it was irrei-
eyant, and, must have been very prcjudiclal to
the defendant.
WHAT MILLER SUPPOSED.
We are also OF the opinion that there was
error in the examination OF Witness Miller.
He was an Alderman at the time of the passage
S %a se e p Tss9;n .E any Sn, as Ms as not son 1"a That is Is
passage, Against the objection, OF The do
buy election tickets with Miller had his
tRe Broaawa sn road s""pPf e g wss the aa mioni mpo wsf }Sr
Judge Danforth says, 20 find any ground on
The ,transaeti9n was. not. with Sharp. The
question called fer n no fnct. but for an o%pinion,
money to the witness was a paipGble iact..
Whether it was paid to him in his capacity Of
Aldermen could not properly be answered by
the Jury upon the suspicion or conjecture Of
the witness. That it was not SO answered we
cannot say.
MoLoNEYs FLIGHT NO MATTER.
al The public pr2seeu12r to make out the case,
anu Us part OF ms evidence In, chief, offered TO
employed by the District Attorney to serve
Tfa aeeS, al Of r R6am M t4s o By; ri he s ( and n1oi DO
to show further that the detective was unable
to find them in this State, but did find Moloney
In Canada and there served him with II sub
PEGma, and learned that the others were in
We think evidence Of their absence was in.
admissible. 1t could have no Legitimate bear
Ing upon the issue, and the danger is very
great thAt Snph fHStimnnv wtl prailtli.a a
party against whom, it is offered. It may be.
and frequently is. admissible in answer to evil
dencs from tho other side which would nat
urally. call for an explanation. But the alb
sence from the jurisdiction of the court of an
defendantin the act charged is easily construed
as ,eyi fde sn.6 Of ns guilt and unless the occasion
It's admission In this case was Virtually saying
to tho jury:
s. There is better evidence; and II might be had from tn.
:san a. s Ss"ls"tdf' Vii. Is, he Of o ,GSss who wish the defendant
m Thss 70 the so6 nSIr- ISo lIstn n Of dr the " witnesses ne is
connection. 1t is Impossible to find any reason
i9r or lawful purpose to be gained by the proof
Gus innovation upon the general rule, which
EXCLUDES It as irrelevant to tho issue.
and material evidence. and admits no other, is
important, and however serious. the charge
agar against nros an tb aeS sTi q person person mR y be; and how
erly be made the subject OF a judicial sen
tence unless. tho crime is substantiatcd nc
cording to the established rules Of evidence.
The other exceptions referred to point to vio-
lations Of those rules to the manifest prejudice
of the defendant, and to tho benefit Of those
exceptions no is entitled. They require a new
tfiai: ana that it may bs had ihe Judgment Of
reversed and u new trial granted.
Judge Peckhan's opinion deals with Politics.
evidence, and thinks that Phelps's evidence
that Shnrp paid him $4,000 after the passage
q the railroad act Of 1854 was also inadmissl-
come within its sphere, Whether The person
who inyokes its protection seems to be sorely
In the case or not. We cannot alter 1t for the
purpose OF, securing a conviction of ono WHO
may be called or regarded rs u great criminal,
and yet invoke It for the purpose Of sheltcring
Innocent until convicted in accordance with
tho forms OF law and by II close adherence to
Its rules"
SHARP HEARS THE NEWS NTH APATHY
Dnzed and Doing Over It-His Wife Over
ioyed AIT His Coming Release.